Supervisors vote to appeal zoning decision

Lower Nazareth construction business is focus of debate.

August 26, 2004|By Sara J. Jurasits Special to The Morning Call - Freelance

A Lower Nazareth Township property that once sported buildings with pink walls and large blue and green polka dots is in the news again.

Supervisors voted Wednesday to appeal a May Zoning Hearing Board decision that allows developer James Faust to operate his construction business at 4562 Steuben Road.

The zoning approval included several conditions, a primary one being that he repaint the buildings in more aesthetic colors. He also must replant trees he cut down, and limits were set on the number of employees allowed and hours of operation.

Faust had painted the structures, which border a residential area, last December. Some supervisors said at that time they felt Faust did it because he was angry the zoning board had denied him variances he had sought that didn't meet specifications for non-conforming or special exception uses.

The Faust family had denied that was the reason, saying they did it only to spruce up the property because the buildings were in disrepair.

Supervisor Robert Kucsan said he is unhappy with the zoning board decision to allow another non-conforming use on the agriculturally zoned property and made the recommendation to appeal the decision in Northampton County Court. He said having offices and trucks on the property is unfair to nearby homeowners.

Zoning Board member Robert Stocklastold the supervisors that the board had appealed decisions and lost and objected to appealing the Faust decision, saying it is a waste of taxpayers' money. He said Faust's use was less offensive than other uses, and he would clean up the property.

Supervisor Eric Nagle pointed out that the area has changed since other businesses were at the spot, and it is now a more low-density residential area.

The tract is considered "grandfathered," meaning commercial use is allowed through variance or special exception because of a long-ago approval for non-conforming use.

There have been four or five types of businesses there since 1964.

A special exception was granted to Faust, Township Manager Timm Tenges said, allowing a switch from one non-conforming use to another. The last operation at the site was a roofing company, he said.

The board has until Sept. 7 to file its appeal.

In other business, Youth Football Commissioner Donald Krock told the board he turned in 27 child abuse checks for coaches, with only 4 or 5 more outstanding. He said he was able to get them processed more quickly with the help of state Rep. Craig Daley.

Earlier this month, supervisors had threatened to deny teams use of the fields until criminal and child abuse background checks were turned in, saying league officials had known about the new policy for the checks since May.

The board decided to draw up for review new procedures that would preserve order during the public comment segment of its meetings. It would prevent people from just "shouting out from the back of the room," Supervisor Alan Dilsaver said, and members agreed it would be helpful during meetings where a greater number of residents are present and want to speak on an issue.

Dilsaver noted that other townships as well as the Nazareth Area School Board use similar forums.